Commonwealth of Virginia Chesapeake Bay TMDL Watershed Implementation Plan

1. Commonwealth of VirginiaChesapeake Bay TMDL Watershed Implementation Plan Anthony Moore Assistant Secretary for Chesapeake Bay Restoration

2. Future Dates and Expected Actions Expected in 2011/12: • Revisions to the Chesapeake Bay Model to correct currently known deficiencies. Complete by 30 June 2011 • States develop Phase II WIPS. Phase II plans are expected to be developed with actions proposed at a smaller, local scale. Submit draft December 1, 2011. • EPA Review and Comment by 3 Jan 2012 • Submit final Phase II to EPA by 30 March 2012 Expected in 2017: • States develop and submit Phase III WIPS • Adjust allocations according to progress on state plans • Modifications of the TMDL allocations by Dec 2017

3. Expand Nutrient Credit Exchange Legislative Findings and Purpose – [§62.1-44.19:12] • Allow flexibility in implementation to ensure cost-effective practices are given priority. • Accommodating continued growth and economic development • Providing foundation for establishing market-based incentives to help achieve non-point source reduction goals Next Steps: • Major programmatic undertaking for Commonwealth • Will require General Assembly action • Conduct legislature-sanctioned study during 2011 • Proposal for consideration during 2012 session of General Assembly

4. James River Strategy • Conduct scientific study to determine the most appropriate chlorophyll criteria for the tidal James River • Concurrently, begin pollution reduction actions during Phase II of TMDL Implementation to achieve the 60% reduction target by 2017 • Initiate rulemaking under the Virginia Administrative Process Act to amend water quality standards, as needed • Amend TMDL allocations for the James River Basin, as needed, in response to revised water quality standards • Implements necessary management actions during Phase III to achieve TMDL allocations prior to 2025

5. Wastewater Proposals • Will meet allocations through Watershed General Permit that establishes nutrient caps for all significant discharges and ability to trade • Propose additional reductions of 2.6 million lbs of N and 200,000 lbs of P in the James basin and 42,500 lbs of P in the York • Propose new facilities under 1000 gpd must offset entire nutrient load. • Propose offsets for nutrient loads from small dischargers expanding to less than 40,000 gallons per day

6. Onsite/Septic Proposals • New or replacement systems in the Chesapeake Bay watershed utilize nitrogen reducing technology and implementation of new regulations for alternative systems that are currently under development. • Establishing a tax credit or other financial incentive for the upgrade or replacement of existing conventional systems with systems that have nitrogen removal technologies. • The plan proposes requiring septic pumpouts in areas outside those governed by the Chesapeake Bay Preservation Act which currently requires pumpouts every 5 years.

7. Agriculture/Forestry Proposals • Extensive implementation of resource management plans on agricultural acres which could result in implementation of these practices: • nutrient management plans • livestock exclusion from streams • 35’ stream buffers • soil conservation • Vastly improved accounting of voluntary practices. • Improved implementation of forestry water quality BMP requirements.

8. Urban/Suburban Stormwater Proposals • The plan proposes urban nutrient management plans on golf courses, municipally owned lands. • The plan proposes restrictions on non-agricultural maintenance lawn and turf fertilizers including “P ban” Study of slow release nitrogen. • The plan proposes a 20% phosphorus reduction standard for areas being redeveloped. • The plan proposes stormwater retrofits on existing developed lands to reduce nitrogen, phosphorus and sediment. • For new development, post development loads cannot exceed allowed loads of previous land uses

9. Water Quality Improvement Fund • $ 36.4 million in WQIF • Split 90/10 non point source/point source • $ 27.8 million Virginia Natural Resource Commitment Fund  • $3.0 million from the WQIF will be used for point source pollution reductions.

10. Virginia’s Chesapeake Bay TMDL Planning Components Phase II Watershed Implementation Plan James River Chlorophyll Study Enhanced Nutrient Credit Exchange Phase I Watershed Implementation Plan Fertilizer Resource Management Plans

11. Phase II Development • Further divide final allocations for “39” segment sheds • Work with local elected officials, staff, conservation districts, watershed associations and citizens to identify strategies to be implemented • Provide additional detail on programs, technologies, and practices to implement by 2017 • Include updates resulting from revisions to the Bay Watershed Model. • Include specific programs and practices in the first 2-year milestones (2012-2013)

12. Scale of Implementation • 16 PDC – black • 32 SWCDs - gold • 39 segment sheds -colors • 96 Localities (Counties and Cities)

13. Virginia’s Phase II Approach Community Conservation Information • Baseline Data • Goal loads and model outputs for localities • Locally available data (land use, BMPs on the ground, etc.) • Resource Assessment • Local conditions • Incorporate local data into assessment tool • Source identification • Existing Program Evaluation • Conservation Strategies • 2017 Implementation goals • 2025 Strategies • Identify additional resources and programs required to achieve implementation goals • Estimate costs of local implementation 13

14. Virginia’s Phase II ApproachLocal Engagement Process Presentation to Planning District Commissions Contact PDCs to discuss level of participation Scripted phone call to PDC Executive Director asking about interest in participating Face-to-face meeting with PDC staff More detail on Phase II process The case for the Community Conservation Information Process for local engagement and strategy development Provides EPA model data at local scale Accommodates desire to use locally generated data Reconciles local data with model 14

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